evolution of the doctrine of territorial incorporation
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evolution of the doctrine of territorial incorporation address of Frederic R. Coudert at the annual meeting of the Iowa Bar Association, Davenport, Iowa, June 18, 1926. by Frederic ReneМЃ Coudert

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Published by s.n. in [S.l .
Written in English


  • United States -- Territories and possessions -- History.,
  • Acquisition of territory.

Book details:

The Physical Object
Pagination75p. ;
Number of Pages75
ID Numbers
Open LibraryOL19524677M

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Covering more than a century of history, this engaging book explores the varying conceptions of the doctrine as its meaning evolved in relation to the needs of an expanding American empire. In Jay Sexton's adroit hands, the Monroe Doctrine provides a new lens from which to view the paradox at the center of American diplomatic history: the nation's interdependent traditions of anticolonialism and Cited by: Territorial Incorporation Doctrine and End One Hundred Years of Judicially Condoned Colonialism, 22 CHICANO-LATINO L. REV. 1, 14 (). 22 U.S. (). 23 See Frederic R. Coudert, The Evolution of the Doctrine of Territorial Incorporation, 26 COLUM. L. REV. , –34 (). Sparrow traces the fitful evolution of the Court's Incorporation Doctrine in the determination of which constitutional provisions applied to the new territories and its citizens. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions /5(12).   Bidwell 22× U.S. (). articulated what has come to be known as the “doctrine of territorial incorporation.” 23× See Frederic R. Coudert, The Evolution of the Doctrine of Territorial Incorporation, 26 Colum. L. Rev. , –34 (). In so doing, he embraced, in large part, the theory articulated by Lowell.

  Since Congress has not incorporated the insular territories, the Court held that the right to a jury trial did not apply. It traces the evolution of the Territorial Incorporation Doctrine from its first articulation in Justice White's concurring opinion in Downes v. Bidwell through its eventual adoption by the full Court in Balzac v. Porto Rico (sic). The Evolution ofInternational Law: mechanisms of exclusion are as essential a part of the sovereignty doctrine as the mechanisms of incorporation and transformation, colonialism and decolonisation that are the subject of the conventional histories of international law. Annexation (Latin ad, to, and nexus, joining) is the administrative action and concept in international law relating to the forcible acquisition of one state's territory by another state and is generally held to be an illegal act. It is distinct from conquest, which refers to the acquisition of control over a territory involving a change of sovereignty, and differs from cession, in which. The basis of the doctrine was articulated in a cable by United States diplomat, George F. Kennan. As a description of United States foreign policy, the word originated in a report Kennan submitted to the U.S. defense secretary in —a report that was later used in a magazine article.

  The core elements of the new doctrine of territorial incorporation were first outlined by Justice Edward D. White's concurring opinion in Downes v. Bidwell (, U.S. ). In Downes a plural majority of the Court () affirmed the constitutionality of the Foraker tariff and the power of Congress to enact legislation that applied or withheld constitutional provisions to Puerto Rico.   This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of . Coudert, Frederick R. The Evolution of the Doctrine of Territorial Incorporation. Columbia Law Review – Fuster, Jaime B. Origins of the Doctrine of Territorial Incorporation and Its Implications Regarding the Power of the Commonwealth of . Congress of the United States. Congress possesses power to set territorial governments within the boundaries of the United States, under Article 4, Section 3 of the U.S. Constitution. The first exercise of this power was the Northwest power of Congress over such territory is exclusive and universal, including the creation of political divisions, except as delegated to a territory.